Gujarat High Court
United India Insurance Company Limited vs Ashokbhai Dhanabhai Tadvi on 25 November, 2025
NEUTRAL CITATION
C/FA/1057/2016 JUDGMENT DATED: 25/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1057 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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UNITED INDIA INSURANCE COMPANY LIMITED.
Versus
ASHOKBHAI DHANABHAI TADVI & ORS.
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Appearance:
MR R G DWIVEDI(6601) for the Appellant(s) No. 1
MR MTM HAKIM(1190) for the Defendant(s) No. 1,2
RULE SERVED for the Defendant(s) No. 3,4
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/11/2025
ORAL JUDGMENT
1. The captioned appeal has been preferred against the
impugned judgment and award dated 28.12.2015 passed by
the learned Motor Accident Claims Tribunal (Aux.), Rajpipla,
in M.A.C.P. No. 236 of 2011, whereby the learned Tribunal
partly allowed the Claim Petition and awarded a sum of
Rs.4,92,000/- along with interest at the rate of 9% per annum,
from the date of filing of the claim petition till its realization,
as compensation.
NEUTRAL CITATION
C/FA/1057/2016 JUDGMENT DATED: 25/11/2025
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2. The facts of the case and negligence are not in dispute,
therefore, the same are not being narrated herein for the sake
of brevity.
3. Being aggrieved and dissatisfied with the impugned
judgment and award, the Original Opponent No.2/appellant
herein - United India Insurance Company Limited has
preferred the present appeal.
4. Heard learned counsels for the parties.
5. Mr. R. G. Dwivedi, learned counsel appearing on behalf
of the appellant - Insurance Company vehemently submitted
that the learned Tribunal has awarded the compensation at a
higher side. He further submitted that the learned Tribunal
has awarded compensation of Rs.4,92,000/- in case of death of
a Eight month old child, therefore, the same is required to be
reduced.
6. On the other hand, Mr. Hakim, learned counsel for the
original claimants/respondent Nos.1 & 2 herein vehemently
submitted that there is no infirmity in the impugned judgment
and award. He further submitted that the learned Tribunal
after considering the ratio of the judgment rendered by the
Hon'ble Apex Court in the case of Kishan Gopal and Anr. vs.
K. Lala and Ors. reported in (2014) 1 SCC 244 had awarded
compensation of Rs.4,92,000/-. He further contended that the
present appeal deserves to be rejected.
NEUTRAL CITATION
C/FA/1057/2016 JUDGMENT DATED: 25/11/2025
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7. The learned Tribunal having considered the submissions
of the learned counsels for the parties and having gone
though the material available on record, considered the
notional monthly income of the deceased minor as Rs.3,000/-
and further applied the multiplier of "18", and awarded a sum
of Rs.4,32,000/- under the head of loss of dependency, a sum
of Rs.50,000/- under the head of loss of estate, love and
affection and Pain & Suffering, and a sum of Rs.10,000/-
under the head of Funeral Expenses. In my considered view,
the learned Tribunal has not committed any error in awarding
a sum of Rs.4,92,000/- as compensation on account of the
death of the minor. Thus, the present appeal is devoid of any
merit and is liable to be dismissed. Accordingly, the captioned
appeal stands dismissed.
8. The learned Tribunal shall, after due verification,
disburse the entire awarded amount to the original claimants,
after deducting the deficit court fee, if any.
9. Amount, if any, lying deposited with the Registry of this
Court shall be transmitted to the learned Tribunal concerned.
Records & Proceedings, if any be sent to the learned Tribunal
concerned. No order as to costs.
10. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN
